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Navy Pays Lost Profits For Misappropriating FSS Contractor's Data

Client Alert | less than 1 min read | 03.10.04

In Data Enterprises of the Northwest v. GSA, GSBCA No. 1560 (Feb. 4, 2004), the GSBCA determined that the Navy had breached its FSS contract with a supplier of commercial software when it used the contractor's proprietary software documentation and data dictionary to develop competing software. The board granted the contractor lost profits on contract sales of its commercial software that it would have made absent the breach, through 2006.

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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program....